Liability Subject to Specific DP Cap Sample Clauses

Liability Subject to Specific DP Cap this means that a Contractor’s liability for breaches of its data protection obligations under a contract is made subject to a specific financial limit of liability that is different to (and usually higher than) the general limit of liability already set out in the contract’s Limit of Liability clause. The approach that has been taken by CLO and by a number of NHSS Boards in contracts to date is that a Contractor’s liability for breaches of its data protection obligations is uncapped. The reason that this approach has been adopted is to emphasise to Contractors that NHSS Boards take their responsibility for the security and confidentiality of their service users’ and employees’ personal data extremely seriously. It is of upmost importance to all NHSS Boards that public trust and confidence in the health service in Scotland is ensured and maintained, and the proper handling of patient identifiable information and employee personal data plays an critical role in that goal. Furthermore, depending on the nature of the breach, the cost to an NHSS Board of recovering or reconstituting any lost or corrupted data and the time and effort involved in verifying the accuracy of the same following the recovery and/or reconstitution could be considerable. These reasons are still relevant post-GDPR and, as a result, the GDPR DPA retains uncapped liability for Contractors in respect of any breaches of their data protection obligations. Please note however, that it is open to the relevant NHSS Board to consider one of the other approaches to Contractor liability for breaches of their data protection obligations, as outlined above. The relevant NHSS Board may wish to seek legal advice from CLO in such circumstances.
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